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    pmartin58's Avatar
    pmartin58 Posts: 2, Reputation: 1
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    #1

    Apr 8, 2012, 08:53 AM
    Rights of tenants without lease in California
    I moved in with my boyfriend over two years ago. He lives rent free in a condo owned by his father. Now he wants to kick me out without giving me at least a 30 day notice. What are my rights. There is no lease and I have not paid to live here. We live in California.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 8, 2012, 09:02 AM
    Hello p:

    Lease or no, rental payments or not, you are considered a month to month tenant. As such, your landlord/bf MUST give you a 30 WRITTEN notice to vacate... IF, after 30 days, you're NOT gone, then, and only then, can he file an eviction lawsuit against you. That'll probably take 3 or 4 weeks to accomplish, and then you'll have another 2 or 3 weeks before a sheriff shows up to actually escort you off the premises.

    I don't expect him to believe you, though. Therefore, I'd write him a certified letter stating that you are aware of your rights under California landlord/tenant law, and that EVEN though he HASN'T provided a written 30 day notice, you'll consider that he has, and that you'll vacate at the end of that period.. Send your letter return receipt requested.

    That way, you'll have provided your OWN 30 day notice, and given yourself some time.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 8, 2012, 09:12 AM
    Actually, since you have lived there more than a year, he needs to give you 60 days notice:

    California Tenants - California Department of Consumer Affairs

    So print out a copy of handbook I linked to and tell him you will move within 60 days of when he gives you proper notice.
    pmartin58's Avatar
    pmartin58 Posts: 2, Reputation: 1
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    #4

    Apr 8, 2012, 09:12 AM
    OK. One last question. His father lives in New York and is unaware that I've been living with his son. Since it's his father's condo and his father is unaware, does this invalidate my consideration as a month to month tenant?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Apr 8, 2012, 09:18 AM
    No, makes no difference at all. Your rental agreement was with son.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 8, 2012, 12:04 PM
    Quote Originally Posted by pmartin58 View Post
    OK. One last question. His father lives in New York and is unaware that I've been living with his son. Since it's his father's condo and his father is unaware, does this invalidate my consideration as a month to month tenant?
    Correct. His father doesn't enter into it at all. Your lease is with the son. Even if the son was renting from someone else and even if the son's lease specified that you couldn't live there. It would give his landlord grounds to evict him, but your righs would still have to be protected.

    So, essentially, you have the same rights as any other month to month tenant in CA. No more, no less.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #7

    Apr 8, 2012, 01:10 PM
    Scott is correct regarding the 60 day notice but I am windering why you want to exercise your rights. Apparently the relationship is shot so why stay? It would be the most uncomfortable 60 days of your life wouldn't it?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Apr 8, 2012, 01:23 PM
    Quote Originally Posted by ballengerb1 View Post
    Scott is correct regarding the 60 day notice but I am windering why you want to exercise your rights. Apparently the relationship is shot so why stay? It would be the most uncomfortable 60 days of your life wouldn't it?
    I suspect the OP just wants time to find a new place. I agree with you that she shouldn't stay any longer than necessary.
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